Minx vs Nat West SETTLED

**Cola_Pop** · 24th May 2007, 10:19:AM

21st October 2006

Cant wait to tally it all up, although i'm sort of dreading to see how much they have had out of us so far!!!Just imagine they could have got away with it all if we hadn't of found this website!!!!
Heres hoping all goes well for you.
Many kind regards Trish

**Cola_Pop** · 24th May 2007, 10:28:AM

2nd November 2006

Statements Received for Advantage Gold Acc.!!!
Have done all calculations and it totals £8154.00 .
Back to the FAQ's now to see what can be done as it is over £5000.

**Cola_Pop** · 24th May 2007, 10:30:AM

6th November 2006

Prelim SENT TODAY!!!
All the best Trish

**Cola_Pop** · 24th May 2007, 10:31:AM

16th November 2006

Well,we had a nice letter from Nat West today.
They decided to return our Prelim to us , saying it was sent to the wrong address.How funny,as we sent it to our branch and it took them from the 7th of November till today to reply and also seeing by how many diff. departments it was stamped off by.After taking advice from a few people,we sent off the LBA today so in two weeks time we will see what their next tac is!!! Think they are scaring me off??Well think again!!!
All the best to all you all!!
Trish

**Cola_Pop** · 24th May 2007, 10:33:AM

22nd November 2006

Had a reply from Nat west today !!
It reads
Dear Mrs .....
Thank you for your letter of 3rd November 2006 requesting a refund of charges over the last six years.
I am already looking into your concern, ( MY concern lol ) and I will contact you again within 10 days,either with a full response,or to let you know what progress I have made.I shall do my utmost ( I hope so,get a move on!!) to resolve your complaint quickly and to your satisfaction,but so that you are aware of all the options available to you,I have enclosed a leaflet that explains how we handle customer complaints!! (Yeah,thanx for that)
10 days???Dont think so as MY timescale says 8 days!!!So she better get a Big move on!!!
Trish

**Cola_Pop** · 24th May 2007, 10:35:AM

3rd December 2006

Here we go then.First offer from Nat West!!

Dear Mrs.xxx
Thank you for your letter and I apologise for any dissatisfaction caused by the application of the charges to your account.
We believe that our charges are fair,reasonable and transparent.We consider that the amounts debited to your account have been applied strictly in accordance wih your agreement with us and our published tariffs,which we are satisfied,complies with all applicable laws and regulations.We are also committed to ensuring the transparency of the information that we give our customers about the operation of our products.
We have considered and responded to the OFT's statement of 5April2006.We don not accept the OFT'S findings in relation to credit cardfees.We are concerned that the OFT has publicly called into question the setting of charges applied to other products,including current account.The OFT has restricted its investigation to Credit cards and made no attempt to consult with RBS or the industry in relation to other,entirely different products.
Consequently,against that background,we must differ withe the views expressed in your letter.Despite this,we have taken the oppotunity to review the charges that have been applied to your acc. and as an excetional matter we have agreed to refund £771.00 as a gesture of goodwill!!!!!!
Acceptance by you of this payment will be in full and final settlement of all claims you may have relating to our charges.However,our terms and conditions will continue to apply and any charges that accrue in the future must stand!!!
Again thank you for taking the time and trouble to write and I hope that your complaint is now resolved to your satisfaction.
Erm.....NO IT's NOT!!!!

**Cola_Pop** · 24th May 2007, 10:38:AM

10th February 2007

Right here a long overdue update.Claim was issued on 2.2.07.The court sent it to the defendant by first class on the 6.2.07 (backlog through strike action lol) and will be deemed served on 8.2.07.The defendant has untill 22Febuary 4pm to reply!!
In the meantime,I have still been giving customer relations the odd call just to see what they say and was told that we should get a letter this week.What kind of a letter I said and the woman on the other end replied "an offer" letter.
So this basically is it after several hiccups along the way......
But me think's we are back on track and it's just a matter of time now (patience time )!!Oh,and that supposed "offer" letter has yet to arrive!!!

**Cola_Pop** · 24th May 2007, 10:40:AM

12th February 2007

Not a happy bunny today...
As mentioned b4,Nat West told me last week that an offer letter was on it's way to us.....surprise surprise,nothing in the post yet again .So i took it upon myself and rang them again.
The reply was"it can take up to 2 weeks to get to you.. "
So someone tell me plz,do they use SNAIL MAIL????

**Cola_Pop** · 24th May 2007, 10:43:AM

15th February 2007

Hi Guys
had our first letter from Cobbetts today......
of course defending all of the claim.
Hope your all well
Trishx

**Cola_Pop** · 24th May 2007, 10:43:AM

28th February 2007

Here we go,another offer letter came through this am.
£4000 + short of what the actual claim is,so Thank's but not thank's.Will be ringing the court to find out if they have filed their defence yet.

**Cola_Pop** · 24th May 2007, 10:46:AM

16th March 2007

Right, got the defence today which reads as follows!!

1, This Defence is filed and served without prejudice to the Defendant’s case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to on the Particulars of Claim or any other sum(s). In the event that the claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in the respect of the same.

2, Without prejudice to the non-admission set out in the foregoing paragraph, if and to the extent that the Claimant proves the allegation that the Defendant debited charges to the Claimants bank account, insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the Limitation Act 1980 and/or the doctrine of laches and the Defendant will apply to strike out this aspect of the claim and/or for summary judgement.

3, On allocation the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider the making of appropriate orders to give the Claimant the opportunity to properly particularise the claim.

4, No admissions are made as to what charges have been debited to the Claimant’s bank account.

5. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 (“UCTA 1977”) and/or the Unfair Contract terms in Consumer Regulations 1999 (“the Regulations”); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and

5.1 (a) the section(s) of The Unfair Contract Terms Act 1977 (“UCTA 1977”);
(b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (“the Regulations”); and
(c) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and

5.2 the contractual provision(s) that the Claimant alleges are invalid by reference to UCTA 1977 and/or the Regulations.

Until such time as these sections/regulations/provisions are identified the Defendant cannot plead to the allegation referred to in paragraph 5 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.

6, Save as hereinbefore appears the Defendant joins issue with the Claimant on the claim(s) and denies that it is liable to the Claimant as alleged or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true. I am duly authorised by the Defendant to sign this statement.

**Cola_Pop** · 24th May 2007, 10:47:AM

7th April 2007

And the saga continues......
AQ filed on April the 2nd.
Cobbetts filed theirs on the 5th,got the copy today.Also had two letters from court.

1st one General Form of judgement or oder.it is odered that 1.the claim is allocated to the fast track.2.this matter is listed for directions before His Honour xxxxxx on a date to be fixed with a time estimate of 30 min.

2nd letter.
Take notice that the case management conference will take place on 2May at 10 am at xxxxxx court When you should attend.30mins has been allowed for the case management conference.

Hmm,now what?

**Cola_Pop** · 24th May 2007, 10:51:AM

18th April 2007

I HAVE WON
THE CHEQUE FROM COBBETTS CAME THROUGHT FIRST THING AND I COULD NOT BELIEVE IT!!!

UNBELIEVABLE AFTER SOOOOOOOOO LONG OF WAITING AROUND !!!
AND THE MOST REDICULOUS THING ABOUT IT ALL IS THAT THE CHEQUE IS DATED 8TH OF MARCH......LOL

I'D JUST LIKE TO SAY A HUGE THANKS TO EVERYONE WHO'S HELPED ME THROUGH THIS CLAIM
YOU GUYS ARE GREAT AND HAVE KEPT ME SANE (LOL...) THROUGH THIS AND I REALLY REALLY THANK YOU SOOO SOOO MUCH FOR EVERYTHING !!!!
Txxx

**Cola_Pop** · 24th May 2007, 10:52:AM

1st May 2007

Right just a quick update.
Cobbets had "forgotten" to include the AQ fee and some interest in the cheque they had issued to us.Well that has now arrived aswell so the saga is now well and truly over.
So I'm now off on a nice 2 week holiday and cant wait.
Again thank you so much to all of you who helped or simply were there with a kind word along the way.
THANX !!!
All the best Trish xxx

Minx vs Nat West SETTLED